- (1.) Challenging the judgment and orders of conviction under Section 302/34 of the Indian Penal Code dated 15.09.2010 and sentence of imprisonment for life dated 16.09.2010 passed by learned Additional Sessions Judge, 2nd Court, Purulia in Sessions Case No. 148 of 2009 corresponding to Sessions Trial No. 3 of 2010 this appeal has been filed by four convict appellants Ranjit Mahato, Ispat Mahato, Sharabon Mahato and Aswini Mahato. All the appellants are detained in correctional home.
(2.) In the Trial Court all the appellants were charged for committing murder to Ganesh Mahato on 02.01.2009 in between 6:00 p.m. to 6:30 p.m. at village Kudlung. In FIR (exhibit- 2) the case was made out that on the fateful date the informant Sashadhar Mahato (PW 1) and his elder brother Ganesh Mahato (victim) were returning their home at village Mahulberia from village Kudlung after seeing cock fight play through the village road. When they came to the south of a pond named 'Lalgoria Bandh' the accused persons (appellants herein) being armed with axe attacked Ganesh out of previous grudge. Informant Sashadhar tried to rescue Ganesh but he could not resist the accused persons and ran towards village Kudlung and shouted seeking help of others. He also saw that accused persons assaulted Ganesh with axe and Ganesh fell down with bleeding injuries on the road and accused persons went towards their home. Thereafter, Sashadhar and other villagers went to the spot and found Ganesh was lying dead with bleeding injuries.
(3.) During trial prosecution examined seventeen witnesses as PWs and also adduced documentary evidence. Accused persons were examined under Section 313 of the Code of Criminal Procedure. They did not adduce any evidence. Defence of the accused persons is their plea of not guilty.;